Four-time Calypso Monarch, Weston "Cro Cro" Rawlins, has been ordered to pay $250,000 in compensation to businessman and social activist, Inshan Ishmael, for defamation.
The compensation was ordered by High Court Judge Frank Seepersad, a short while ago, as he upheld Ishmael's case over Rawlins' song "Another Sat is Outside Again".
Justice Seepersad ruled that Rawlins' lyrics could not be considered fair comment, were malicious and intended to damage Ishmael's reputation.
Justice Seepersad said:
"This Court will not condone or accept any position which advances a narrative that social media comments or commentary by calypsonians are sacrosanct or that calypsonians should be free to say whatever they feel as they ‘speak their minds' even if their content is divisive, derogatory, deceitful, dishonest or defamatory."
Rawlins allegedly penned the song following social media furore towards Ishmael based on his comments on the celebrations hosted by residents of Beetham Gardens after fellow resident Kareem Marcelle was called to the bar in November 2022.
Although Rawlins did not qualify for the semifinals of last year's Calypso Monarch competition, Ishmael claimed that a video of his performance during the preliminary round of the competition at the Cipriani Labour College in Valsayn was widely circulated on social media.
In his judgment, Justice Seepersad noted that Rawlins did not deny that the song was directed at Inshan Ishmael though, he attempted to conceal his (Ishamel’s) name.
Justice Seepersad did dismiss Ishmael's claim in relation to the Copyright Organisation of T&T (COTT), as he noted that the body merely collects royalties for its members, including Rawlins. He also pointed out that the song was not registered.
Ishmael was represented by Richard Jaggasar, Nigel Trancoso and Andre Cole, while Gilbert Peterson SC, Keith Scotland, and Marcelle represented Rawlins.